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Dateline NBC

News/Business. Chris Hansen, Hoda Kotb, Josh Mankiewicz. (2012) A scuba diving trip ends in tragedy; officials identify a man's remains more than 20 years after his mysterious disappearance. (CC) (Stereo)

NETWORK
NBC

DURATION
00:40:00

RATING
PG

SCANNED IN
Annapolis, MD, USA

SOURCE
Comcast Cable

TUNER
Channel 78 (549 MHz)

VIDEO CODEC
mpeg2video

AUDIO CODEC
ac3

PIXEL WIDTH
528

PIXEL HEIGHT
480

TOPIC FREQUENCY

David Swain 10, Swain 6, Tortola 4, Hollywood 3, Hooks 3, The White 3, Geico 3, Shelley 3, Rhonda 3, Candace 2, Mr. Swain 2, Regina 2, Mary 2, Rhode Island 1, England 1, Petite 1, Rhonda Shear 1, Commode 1, Chicago 1, Laura 1,
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  NBC    Dateline NBC    News/Business. Chris Hansen, Hoda Kotb, Josh Mankiewicz.   
   (2012) A scuba diving trip ends in tragedy; officials...  

    October 8, 2012
    2:50 - 3:30am EDT  

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incredibly brave women, for every customer who purchases the ahh bra package in this commercial, i will give you the special "ahh bra cares" pink bra free, no additional shipping and handling. >> woman: tired of the discomfort of traditional bras? the constant pulling, tugging, pushing and adjusting? aren't you tired of the wires, the clips, hooks, the barbaric torture of your bra? not only that, but who knows what size to buy? some of them fit, most of them don't. that is why over 80% of women today are wearing the wrong sized bra. well, your discomfort and worries are over. introducing the original ahh bra. discover the best comfort, discover great looks. the original ahh bra was first and is still the best on the market. how do we do that? it's ahh bra's breakthrough multiweave technology that does away with wires, hooks and adjusting straps. imagine a weave technology that gives you support, stretch, comfort and style. the original ahh bra goes to the trouble of making each weave different, insuring each part
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of the bra holds you differently. does your cheaper bra have this advanced technology? the original ahh bra does. it instantly transforms your appearance. you look great, you feel great and you will know you are wearing the best quality, the best value, the best comfort. it instantly transforms your appearance. you look great, you feel great and you will know you are wearing the best quality, the best value, the best comfort. why look like this when you can look like this? why look bulgy when you can look firm and beautiful? why be uncomfortable when you can say... >> ahh. >> i'm a big-busted girl. i'm a 34dd and this gives me great support every single day. >> woman: you are a phone call away from great quality, great comfort and great looks. this is the original ahh bra. so act now to get ahh bra's multiweave technology, high-quality yarn, european dye and great comfort. why settle for less? you want the original. you want ahh bra. now you know the secret all of hollywood has been buzzing about for years, why millions of people just like you all over
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the world are wearing the original ahh bra. a good bra could cost you close to $150. well, today, you won't pay $120, not $100, not even $90. to celebrate the original ahh bra's success, you are going to get the nude-colored ahh bra today for only $59.99. but hang on! be one of the first callers today and we're going to give you a white ahh bra free. perfect for all your white tops and blouses. and unlike the others that might charge you additional shipping, we don't. no additional shipping or handling, just another great bra, free. that's right; you're a phone call or click away from the best bras that you have ever worn. hold on-- you're going to need a sexy ahh bra for that little black dress, so call right now and we'll also give you a sexy black ahh bra absolutely free. that's right; another $60 value free. no additional shipping and handling. that's three ahh bras for the price of one. if that offer wasn't already amazing, we're going to give you a fourth ahh bra absolutely
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free, no additional shipping and handling. this special ahh bra cares pink bra was created by rhonda to help remind people to support the nearly one in three women who are affected by breast cancer. rhonda supports the fight against breast cancer and wants you to have this ahh bra cares bra absolutely free. and when you wear it, remember the women who are fighting this terrible disease. that's four original ahh bras, yours for just $59.99. ordering your size is easy-- just shop your top. if you're a large in a t-shirt, you're a large. if you're a small in a t-shirt, you order small. we have all sizes from extra small to xxxl. so what are you waiting for? order for yourself or order for your girlfriend and if this incredible offer wasn't enough, we're even going to upgrade you to express shipping for the same low price as regular shipping. don't wait four to six weeks; enjoy your original ahh bra in five to seven business days. so let's recap this great offer. you're going to get all four ahh bras-- the nude, the white,
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the black and the very special pink ahh bra cares bra, a $240 value, for just $59.99 and even the express shipping upgrade for the same price as regular shipping. the original ahh bra by rhonda shear will give you this amazing quality and amazing comfort, so call or click now. >> the ahh bra is unlike traditional bras because its innovative design eliminates seams, hooks and eyes, straps that dig, wires that poke, bulky padding and scratchy tags for a smooth, light, comfortable and natural look. we've asked these women how the ahh bra compares to their old bras. >> i love my ahh bra. i go running every day in it. i only have to wear one, and it's completely comfortable. >> i love the ahh bra because of the support that it gives me, and i love how comfortable it is without an underwire. >> wow, those were some amazing testimonials, rhonda. and now we've brought you in
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some ladies with amazing outfits, all wearing the ahh bra. >> and i think our first gal is kara. sporty, adorable, whoo! >> and keeping the color in the same family really adds that contrast of difference. i like that, too. >> that's so cute. you would think that she's wearing a camisole, but maybe in the summertime that can be too hot to wear a whole camisole, she's got it covered. [camera shutter clicks...] next we have mary. totally sporty, go to the gym, work out, layer the ahh bra, and how about that look? >> and look what she did with the ahh bra colors there to match her outfit. very, very nice. >> absolutely adorable. and supportive. and you know what, totally modest, so no one is going to be able to see through that when she's hitting the treadmill. [camera shutter clicks...] you know, sometimes you have to see those colors. like, you may not think about that when you're getting dressed in the morning yourself, but look at that. that is absolutely beautiful. hot pink and hot yellow. my mother always told me, "red and yellow, catch a fellow." >> i see a splash of sunshine and a little hibiscus.
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>> oh! >> right here. she looks great. >> modest and no bra lines. [camera shutter clicks...] that's just a great dress, julie, and otherwise that dress could be a little low for the daytime. once again, giving modesty coverage. also, a total jersey dress. you cannot see any bra lines, any bra bulge whatsoever. so, what you're doing is looking at her shape and the dress and not the undergarment. [camera shutter clicks...] oh, teacher, teacher, regina. this is when kids will do anything to have a detention. oh, well, maybe not kids, but daddy. [laughs] you look great. [camera shutter clicks...] the ahh bra is knitted on a very special machine called santoni machine. using the finest european yarns and dyes, it spins and weaves the ahh yarn into a one-piece tube, then it's cut and made totally seamless. that way the straps are comfortable and supportive, never digging into you. the side is very smoothing and shaping as well. and in the back, look!
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no bra bulge. the bottom band supports you, lifts you, smooths you, and it uses our "ahh" secret technology. >> i liked wearing the ahh bra because i'm fairly active. i play a lot of sports. i play beach volleyball and i run and stuff, and it gave me enough support i needed to be able to do all these activities, but as well, it actually gave me more of a shape. i felt more feminine in it and i felt like it's something that i could wear, not only playing sports, because it gave me the shape, it made me feel more like a girl than some of the other sports bras that i've worn before. >> i'm really excited to share with you guys the ahh bra challenge. you know, 80% of women do not know their correct bra size. what's great about the ahh bra is it conforms to your bust size instead of you having to conform to it. let's check these girls out and see what their cup size is. what is your cup size? >> i am a "b". >> a "b". how about you, michelle? >> i'm a "c". >> kara? >> i'm a full "b". >> mm-hm. and what about you, mary? >> i am a size "d". >> regina? >> i am a "d" as well. >> o.k. that's what i said. not everyone's totally sure about their cup size, and that's
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what's great about the ahh bra. it is going to conform to your bust, to your shape, to your sizes, all ages, shapes and sizes. do you mind spinning and showing me the side of the bra? great, girls. as you can see, they've got total full coverage on the top, nothing's spilling out, on the side, and nothing's spilling from underneath. this is how a bra is supposed to fit you. this is why the ahh bra works on everyone. how about spinning to the back? we're talking smooth. no bra-bulge, no more falling straps, beautiful colors, and all of the girls-- all shapes, all sizes, all ages-- it's going to work for. all right, girls, show me now your pretty smiles. [laughs] what's great about the ahh bra is that you can also take the ahh bra challenge. it will work for you. pick up the phone right now and get your ahh bra. >> woman: tired of the discomfort of traditional bras? the constant pulling, tugging, pushing and adjusting? aren't you tired of the wires, the clips, hooks, the barbaric torture of your bra? not only that, but who knows
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what size to buy? some of them fit, most of them don't. that is why over 80% of women today are wearing the wrong sized bra. well, your discomfort and worries are over. introducing the original ahh bra. discover the best comfort, discover great looks. the original ahh bra was first and is still the best on the market. how do we do that? it's ahh bra's breakthrough multiweave technology that does away with wires, hooks and adjusting straps. imagine a weave technology that gives you support, stretch, comfort and style. the original ahh bra goes to the trouble of making each weave different, insuring each part of the bra holds you differently. does your cheaper bra have this advanced technology? the original ahh bra does. it instantly transforms your appearance. you look great, you feel great and you will know you are wearing the best quality, the best value, the best comfort. it instantly transforms your appearance. you look great, you feel great and you will know you are wearing the best quality, the best value, the best comfort. why look like this when you can look like this?
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why look bulgy when you can look firm and beautiful? why be uncomfortable when you can say... >> ahh. >> i'm a big-busted girl. i'm a 34dd and this gives me great support every single day. >> woman: you are a phone call away from great quality, great comfort and great looks. this is the original ahh bra. so act now to get ahh bra's multiweave technology, high-quality yarn, european dye and great comfort. why settle for less? you want the original. you want ahh bra. now you know the secret all of hollywood has been buzzing about for years, why millions of people just like you all over the world are wearing the original ahh bra. a good bra could cost you close to $150. well, today, you won't pay $120, not $100, not even $90. to celebrate the original ahh bra's success, you are going to get the nude-colored ahh bra today for only $59.99. but hang on! be one of the first callers today and we're going to give you a white ahh bra free. perfect for all your white tops
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and blouses. and unlike the others that might charge you additional shipping, we don't. no additional shipping or handling, just another great bra, free. that's right; you're a phone call or click away from the best bras that you have ever worn. hold on-- you're going to need a sexy ahh bra for that little black dress, so call right now and we'll also give you a sexy black ahh bra absolutely free. that's right; another $60 value free. no additional shipping and handling. that's three ahh bras for the price of one. if that offer wasn't already amazing, we're going to give you a fourth ahh bra absolutely free, no additional shipping and handling. this special ahh bra cares pink bra was created by rhonda to help remind people to support the nearly one in three women who are affected by breast cancer. rhonda supports the fight against breast cancer and wants you to have this ahh bra cares bra absolutely free. and when you wear it, remember the women who are fighting this terrible disease. that's four original ahh bras, yours for just $59.99. ordering your size is easy--
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just shop your top. if you're a large in a t-shirt, you're a large. if you're a small in a t-shirt, you order small. we have all sizes from extra small to xxxl. so what are you waiting for? order for yourself or order for your girlfriend and if this incredible offer wasn't enough, we're even going to upgrade you to express shipping for the same low price as regular shipping. don't wait four to six weeks; enjoy your original ahh bra in five to seven business days. so let's recap this great offer. you're going to get all four ahh bras-- the nude, the white, the black and the very special pink ahh bra cares bra, a $240 value, for just $59.99 and even the express shipping upgrade for the same price as regular shipping. the original ahh bra by rhonda shear will give you this amazing quality and amazing comfort, so call or click now. >> i'm going to show you how the ahh bra can transform your bustline from drab to fab.
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here's our next segment... [echoes]: bras gone bad. donna, thank you for coming and being on the ahh bra show. >> you're welcome, i'm happy to be here. >> thank you. so, what do you do? >> um, i'm a mom. i have two boys and they play ice hockey. >> aww. >> mm-hm. >> well, with that bra you can end up with two minutes in the penalty box. >> [laughs] >> it's not giving you any support. >> right. >> so, you're actually making yourself hang a little bit when you don't-- there's no need for that. the side, you're spilling out of the side, and even though you're petite, the straps are actually still digging in and creating red marks, so i'm going to send you off to get the ahh bra. >> o.k. >> and all the hockey dads will love you. [laughter] yay, donna! you scored a hat trick. >> i know! i feel like i've got lift, support and comfort. >> oh, go, girl! i'm telling you those other hockey moms are gonna be so jealous. you do, you look great, you look sporty, you look up to the minute. go, team! [laughter] [♪...]
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candace is a hairstylist, and you've great hair and a really bad bra. you're giggling 'cause you know that. >> it's terrible. >> o.k., so you're petite, and that's awesome, but you're wearing a bra that is absolutely-- look at this. i mean, my goodness, it's staying away from you, you're getting absolutely no support, the back is lifting up. that's because it's too big for you. look at this, my goodness, honey, i could jump in there with you, and that's saying a lot. candace is back looking fabulous. soon she's going to style my hair. in the meantime, you are styling-- how do you feel? >> i feel awesome. you made my itty-bitties look pretty. >> [laughs] you are sassy! you know what, your itty-bitties look nice and full and rounded. really and truly. this bra has definitely given you more oomph to the girls. you're fabulous. >> thank you. >> you look great. [♪...] >> hi, andrea. >> hello. >> what do you do for a living? >> i work as a secretary in a law firm. >> o.k., i love the color of the bra, but the bra and the way it fits should be illegal. >> [laughs]
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>> what's going on up here? >> i call this the muffin-top boob. [laughter] >> you've moved them from the hips on up. you have a beautiful figure, and you're totally distracting from it. that is just not right. i'll tell you what, we're gonna make this really easy and simple, smooth you out, the lawyers will love you now... >> [laughs] >> all the cases will be won. let's send you back and get an ahh bra. >> o.k. >> you went from dread to red again! and you know what, no matter how many times you wash this, it's going to stay your beautiful red colors that you love so much. you can go back to the law firm and take over knowing that you have a beautiful bra full of quality and comfort. [♪...] thanks, laura, for coming on the show today. why are you still wearing your training bra? look at this, it's smooshing in the front, the straps-- i know these straps would just fall down and then the world would would know everything. no support whatsoever. and i know you want to be comfortable, and we can do that with support with the ahh bra. you look amazing. how is this support for you
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in this bra? >> the support is great. it doesn't bind, it doesn't pull, it doesn't poke. >> feels like you're wearing nothing, but you're getting the support, and you know, with the quality that we use, it's gonna stay in place exactly like it is-- it's fitting you across your back, fitting you across your bustline, and you've got a really nice, full bust. [♪...] >> we're so happy to have jamie back from the original show. welcome back to the ahh bra show! >> hello, i'm so happy to be here. >> thank you. so, tell me, you've been wearing ahh bras ever since? >> oh, yes, yes, i have. and i've gotten lots of good results on 'em. >> well, you were single. what's going on now? >> i had the confidence after wearing my ahh bra that i have a man now. >> oh, yay! >> i'm very excited. >> see, she has the confidence, everything's in place. now we can't guarantee that result, but in the meantime, jamie's got a great guy. [laughs] >> and a great figure... >> yes, you do, and i'm sure he likes that, and so do you. it looks great. thank you for coming back. >> thank you for my confidence. [laughter]
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[♪...] >> woman: tired of the discomfort of traditional bras? the constant pulling, tugging, pushing and adjusting? aren't you tired of the wires, the clips, hooks, the barbaric torture of your bra? not only that, but who knows what size to buy? some of them fit, most of them don't. that is why over 80% of women today are wearing the wrong sized bra. well, your discomfort and worries are over. introducing the original ahh bra. discover the best comfort, discover great looks. the original ahh bra was first and is still the best on the market. how do we do that? it's ahh bra's breakthrough multiweave technology that does away with wires, hooks and adjusting straps. imagine a weave technology that gives you support, stretch, comfort and style. the original ahh bra goes to the trouble of making each weave different, insuring each part of the bra holds you differently. does your cheaper bra have this advanced technology? the original ahh bra does. it instantly transforms your appearance. you look great, you feel great
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and you will know you are wearing the best quality, the best value, the best comfort. it instantly transforms your appearance. you look great, you feel great and you will know you are wearing the best quality, the best value, the best comfort. why look like this when you can look like this? why look bulgy when you can look firm and beautiful? why be uncomfortable when you can say... >> ahh. >> i'm a big-busted girl. i'm a 34dd and this gives me great support every single day. >> woman: you are a phone call away from great quality, great comfort and great looks. this is the original ahh bra. so act now to get ahh bra's multiweave technology, high-quality yarn, european dye and great comfort. why settle for less? you want the original. you want ahh bra. now you know the secret all of hollywood has been buzzing about for years, why millions of people just like you all over the world are wearing the original ahh bra. a good bra could cost you close to $150. well, today, you won't pay $120, not $100, not even $90.
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to celebrate the original ahh bra's success, you are going to get the nude-colored ahh bra today for only $59.99. but hang on! be one of the first callers today and we're going to give you a white ahh bra free. perfect for all your white tops and blouses. and unlike the others that might charge you additional shipping, we don't. no additional shipping or handling, just another great bra, free. that's right; you're a phone call or click away from the best bras that you have ever worn. hold on-- you're going to need a sexy ahh bra for that little black dress, so call right now and we'll also give you a sexy black ahh bra absolutely free. that's right; another $60 value free. no additional shipping and handling. that's three ahh bras for the price of one. if that offer wasn't already amazing, we're going to give you a fourth ahh bra absolutely free, no additional shipping and handling. this special ahh bra cares pink bra was created by rhonda to help remind people to support the nearly one in three women who are affected by breast cancer. rhonda supports the fight
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against breast cancer and wants you to have this ahh bra cares bra absolutely free. and when you wear it, remember the women who are fighting this terrible disease. that's four original ahh bras, yours for just $59.99. ordering your size is easy-- just shop your top. if you're a large in a t-shirt, you're a large. if you're a small in a t-shirt, you order small. we have all sizes from extra small to xxxl. so what are you waiting for? order for yourself or order for your girlfriend and if this incredible offer wasn't enough, we're even going to upgrade you to express shipping for the same low price as regular shipping. don't wait four to six weeks; enjoy your original ahh bra in five to seven business days. so let's recap this great offer. you're going to get all four ahh bras-- the nude, the white, the black and the very special pink ahh bra cares bra, a $240 value, for just $59.99 and even the express shipping upgrade for the same price as regular
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shipping. the original ahh bra by rhonda shear will give you this amazing quality and amazing comfort, so call or click now. [♪...] >> man: the preceding was a paid presentation for ahh bra, brought to you by rhonda shear. greetings from the windy city of chicago.
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switching to geico could save you hundreds of dollars on car insurance... da bears. haha... you people sure do talk funny. geico®. fifteen minutes could save you fifteen percent or more on car insurance. tortola jurors in the case had just finished hearing from 17 prosecution witnesses. one witness that captured their attention in particular was rhode island chiropractor mary basler. >> what about mary? was she your girlfriend on the side? >> she was a girlfriend after shelley's pass. she was not a girlfriend before the passing. >> yet there was a story of a
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canoodling at her place with a glass of wine and attempted kiss. >> i'm not going to deny that. did i cross a line that i probably in retrospect would like to have back? sure. but there was no intimacy. >> mary was feeling a bit of a void? >> i think mary was being an emotional friend. she was fun to be with. she was a smart gal. she was empathetic. >> was mary motivation for murder? >> absolutely not. >> what about the letters he wrote her? >> did you give the prosecution ammunition with that? >> he really laid into me. i probably didn't answer things in a way that made the jury happy. >> that idea laid out that with shelley gone, swain would get the money and the girl was a juicy sounding motive. but swain's attorney said it wasn't true. >> the idea of david
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intentionally attacking his wife isn't born out by history. he's got no history of violence. he's never raised a hand to anyone in his life. >> yet what else buzz an attack would explain shelley's broken dive gear found on the ocean floor? >> i'd be wondering what's up with the scattered gear. why is this pin off this? >> absolutely. >> this unbreakable piece of gear. the mouthpiece. what happened to this woman? >> all valid questions. the rescue divers manual points to the signs of the panicked diver. and it says that they reject their gear. >> jurors evidence that this was ripped off in an underwater struggle. >> and the struggle might have been with herself. it's routine with panicked people to rip off their gear. >> why does that happen? it seems inexplicable. >> when you are in a panicked situation, rational thought goes out of your brain.
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and the only thing that comes into your brain under water when in a panicked situation is getting to the surface. so they start clawing things off. >> and you've seen it. it's documented in the sport. >> i have rode people to the surface slowing them down so they don't go to the surface too fast. replacing the gear as they're ripping it off their faces. >> a fresh angle for jurors to ponder about the puzzling death. could something, a sudden medical issue or a startling sea creature set off a chain of events that caught shelley tyre to fatally panic. they read excerpts from her dive logbook. a diary in which she noted each time she'd lost it a bit to fear. dive 167, some initial panic. dive 183, panic. dive 266, i admit i panicked. dive 274, panicked a little or more. but what about the prosecution's claim that if you believe david
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swain's description of his dive, he would have been there when shelley was drowning eight minutes after she entered the water? now the defense said hang on. how do we know shelley stopped breathing after eight minutes? in truth, she was so petite, she was known for using less air than an average diver. if she was just sipping at her air, she could have died well after just as he said. >> i wasn't there. by the time this happened, i was hundreds of yards away. >> but if shelley had died alone, what about that confounding clue on the ocean floor, her dive fin found stuck toe first into the sand? the prosecution argued it was forced in during the attack. the defense wondered about that theory and "dateline" tried it out conducting our own experiment at the twin wrecks site with the help of tortola diver keith royal. >> i went down on the same area and tried to do the same thing
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myself with the fin on, and it was impossible. the only way i could get it to stick in the sand was physically with my hands putting it into the sand. >> in other words, royal says someone must have put it there intentionally. but who? >> in court, the defense brought all the pieces together in its theory about what might have happened on shelley tyre's final dive, number 355. a bruise found later in the autopsy had been bothering her on her left foot. so she sticks the fin to retrieve later. perhaps a bit of water leaks into her mask, but it escalates fast. frustration takes hold and mushrooms into full blown panic. she can't tamp it down like before. irrationally, she tears off her mask and rejects her regulator. and out of sight of her husband
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david, she fatally loses control. next david swain would take the stand. and dark family secrets were about to be revealed. would they seal his fate or set him free? coming up -- >> i've had decades of horrific things happen to me. >> a painful past and a dramatic turn of events. >> fighting for my life. >> the bombshell that came
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we really need to remember that she was this incredible life force. and she had all this energy, positive energy. so every time it came around to the criminal trial, i thought please god let somebody find a way back to letting people know how wonderful she was. >> that special light of shelley tyre, dearly missed by so many who knew her.
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was her husband david swain responsible for taking it from the world? or was he an innocent man whose private ways had made a tragic accident only look like murder? a jury in a tortola courtroom would soon decide. but not before david swain himself took the stand to answer questions from his island attorney. >> mr. swain, when you went on the dive with shelley tyre on that 12th of march of 1999, did you kill shelley tyre? >> i did not, could not, would not dream of taking the rock of my life out of the world. that's just -- no, i did not. >> did you in any way during the course of that dive deprive shelley tyre of air? >> the last thing in the world is i would deprive shelley of anything. i certainly didn't of air. >> then it was the prosecution's
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turn. >> you held her down. >> i did not. >> made her become unconscious. >> i did not. >> and this was within eight minutes of the dive. >> it was not. i did not. you are making false accusations. >> you got a little edgy on the stand. >> i'm sure i did. >> little abrasive. little in the face. >> i'm fighting for my life. >> missing from his testimony was the grief of a husband who had lost his wife to a diving accident. >> did you get penalized for not showing a turbulent soul that they expected? >> i'm positive i have been penalized for not being what people expect. >> david swain says he's always had trouble expressing emotion in a way people expect. it's a problem he attributes to a very dark and secretive past. >> i've had decades of horrific things happen to me. and the only way that i've survived all of these horrific things that have happened is to
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just buckle down and keep marching. >> you had a tough childhood, safe to say? >> safe to say. >> his father was accused of enthusing a family member. >> what can your teenage brain make of that? my father is going to be known as diane? >> since we didn't have a relationship, i didn't think much of it. i suppressed it. >> but nothing was worse than the actions of his brother ricky. >> at the time he was having mental problems. >> my first reaction was boy does he make a nice appearance. clean cut, nice looking young man. >> but former minnesota prosecutor erickson said nothing could be farther from the truth. ricky swain snapped and murdered
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his mother in the basement of their home. >> the skull was bashed in two places. there was lots of rage in this death. >> horrible, horrible event. >> yes, it is. >> back in tortola, david swain's psychologist was prepared to explain in court how these horrible events could account for david's emotionless, some say suspicious behavior soon after the death. >> as strategy, i see where that could play both ways. it could blow back and say what is this instability going on in this family? is there a demon seed? people with a pop psychological understanding might say what's going on with this. >> so should a person go to prison for murder because of pop psychological? >> was it a risk? >> i'm sorry, but i didn't have a chance to live this truth. the truth is what it is. i'm just wanting to tell the truth. >> but the defensive strategy was never tested. the judge denied the psychologist the opportunity to testify. in part because he was a
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psychologist, not an m.d. so now it was left to the jurors to decide david swain's fate. >> i'm coming to you live here from the supreme court with the news that the jury is currently deliberating. >> then after just five hours came word. there was a vervegt. >> as they're walking in, i pretty much knew. i'm looking at their body language and knew. >> how say you is the accused guilty or not guilty of murder? >> we the jury find the accused guilty. >> guilty of first degree murder. the sentence, 25 years. >> how do you face that kind of time? >> one day at a time. >> give me a quick thumbnail of what your cell was like. >> six by ten, couple of bunks. a commode, a sink. no screen on the bars. so the window, anything and everything would come in. >> bugs?
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>> bugs were the easy part. it's the rats, the animals, all the other things. those were the hard parts. >> david swain settled back into the misery of prison life. his only comfort was the prospect of an appeal. >> did you think you had a ghost o after chance? >> i did. this wasn't a good trial. this wasn't a fair trial. >> almost two years after his guilty verdict, david swain returned to court. a three-judge appellate panel listened to more than three hours of oral arguments. and then did something no one anticipated. >> they had the judge end it all by looking at me and saying mr. swain, you're free to go. you know, obviously my mouth dropped open. and i'm in shock again. so i just sit there for, i don't know, 15, 20 seconds. the bailiff guy he nudges me and quietly says, you got to get up and walk out now. >> why did he walk? >> the panel believed in part that the trial judge had been
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biased toward the prosecution in her instructions to the jury. what's more, they ruled swain shouldn't be retried because too much time had passed since shelley's death to get a fair trial. so just like that, david swain was a free man. >> that was one of the most surreal moments in my life. >> did you think about shelley as you left the island? >> i think about shelley almost every day. but yes, i was thinking about her that day. >> david swain is now living back in rhode island. not far from the home he once shared with shelley. >> you ever pinch yourself sometimes you're back in new england? >> it's good looking over at jamestown and looking at this body of water where i have spent years exploring and teaching and enjoying. >> but it's also home to many people who remain convinced david swain got away with murder. >> is there still a cloud over you? are people always going to say david swain, he got away with killing his wife? that he was cut loose on a
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technicality? >> that's their opinion. i can't tell you what to think. i don't want to tell you what to think. if you want to hear the facts, i'll be happy to share the facts. but i'm not going to spend a lot of energy trying to change something that you've made up your mind on. >> shelley's gravestone is also close by for those who loved and apyre e amired her to visit. >> if i was to ask shelley what do i do about this, given the situation she would say focus on the here and now. find the good in everybody you see around you. see life's blessings. if you need help, i'll point them out for you. that's what she would do. >> that's all for now. i'm lester holt. thanks for joining us.

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